Director-General, Department of Communities, Child Safety and Disability Services and Hamnett (No. 2)

The Director-General, Department of Communities, Child Safety and Disability Services applied to the Family Court of Australia for interim orders concerning two children against the Respondent Mother, Ms Hamnett. The dispute involved child abduction under the Hague Convention, with the application seeking to prevent the children's removal from Australia.

The primary legal issue before the Court was whether to grant interim orders to safeguard the children's presence in Australia pending further proceedings. Specifically, the Court was required to determine the terms of such orders, including restrictions on the mother's ability to change the children's residence, the placement of the children and mother on the Family Law Watch List, and the surrender of the children's passports.

The Court, presided over by Kent J, made orders by consent of the parties. The reasoning was based on the agreement reached between the Director-General and Ms Hamnett, who appeared in person and consented to the proposed interim measures. These measures included restraining the mother from changing the children's usual place of residence without prior written notification to the applicant, requiring the placement of the mother and children on the Family Law Watch List at all international departure points, and ordering the surrender of the children's passports. The Court also empowered law enforcement agencies to give effect to these orders and adjourned the matter for further mention.